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June 14, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on June 14, 2017 by video conference from the Board’s main office located in Albany, New York, and its regional office in New York City, and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:22 a.m.

Attendance

New York City

Vilda Vera Mayuga, Chairperson

J. Christopher Meagher, Member

Molly Doherty, Member

Gloribelle J. Perez, Member

Jean Grumet, ALJ

Devin A. Rice, Counsel

Joshua David Riegel, Attorney

Jane M. Ipanaque, Secretary

Utica

Michael A. Arcuri, Member

Albany

Anne Hohenstein, Managing Attorney

Dana E. DePass, Secretary

Minutes

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meeting held on May 3, 2017 were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for May 2017 was reviewed and discussed.

Monthly Report

Title

May 2017

May 2016

YTD 2017

YTD 2016

New Proceedings Commenced

Section 101 – Review Petitions

16

93

Section 27-A – Public Employer Safety

0

6

Section 104 – Corporate Documents

5

13

Stay Applications

0

0

Total

21

16

112

78

Hearings Held

Total

6

12

43

71

Video Hearings Held

Capital District

1

4

Upstate

0

6

Downstate

2

4

New York City

3

29

Total

3

6

12

32

Hearings Scheduled/Not Held

Postponed

6

15

46

78

Resolved Prior to Hearing

10

20

18

90

Administratively Closed

10

N/A

37

N/A

Total

16

35

64

168

Board Resolutions

Total

16

53

44

201

Cases Closed

Section 101

12

31

Section 27-A

1

3

Section 104

2

6

Section WB

0

1

Total

15

52

41

199

Interim Resolutions

Stay Applications

0

0

Interim Decisions

1

3

IBA Rules

0

0

Total

1

1

3

2

On motion by Mr. Arcuri duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into executive session at 9:28 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Errata sheets and other records – Originals/copy/third copies- The Board discussed that errata sheets become part of the record and all originals must be part of Albany file.

Redacting documents submitted into evidence (SSN, bank acct info, address [also when sworn in], driver license info, etc.)- Hearing Officers will address the topic during the pre-hearing conference, and language will be added to the notice of hearing. The Board will consider adding the topic to its Rules.

Claimant/s’ names in decision- The Board discussed redacting claimant/s’ personal information from decisions posted on IBA’s website, but will first check what is done at other administrative hearings. The physical copy of the Board’s decision will remain as is unless a trafficking and/or security issue is raised.

Use of interpreters – all or nothing- Hearing officers were reminded that if a need for an interpreter is determined, then all testimony must be done through interpreter. At no time may a witness testify only partially through an interpreter.

Travel guidelines – refundable fares and anticipated over $500- State credit card users are reminded that airfares must be purchased as refundable fares only, no exceptions. Any travel anticipating a total cost of $500.00 or more must submit an approx. cost breakdown for approval prior to making travel reservations.